To Be A Business Under The CCPA, That Entity Must Determine How Or Why To Process Consumer PI
Severson & Werson | Consumer Finance
by Genevieve Walser-Jolly
6M ago
Judge Davila of the Northern District of California held that the file transfer service was not a “business” under the CCPA and grants defendant’s motion to dismiss.  The analysis turns on whether or not defendant determine how or why to process consumer PI. Accellion moves to the dismiss Plaintiffs’ CCPA claim on two grounds: (1) Accellion is not a “business” within the meaning of the statute; and (2) the Complaint does not allege a specific non-conclusory failure to implement reasonable security measures. Mot. 14. Because Accellion is not a “business” under the CCPA, the Court need not ..read more
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CD Cal discusses sufficiency of pleading facts to show that defendant lacked reasonable security procedures after a breach.
Severson & Werson | Consumer Finance
by Genevieve Walser-Jolly
6M ago
On a motion to dismiss, Judge Cormac Carney in the Central District of California discusses whether plaintiff alleged sufficient facts to show that defendant lacked reasonable security procedures for a cause of action under the CCPA: MKS first argues that Plaintiff’s CCPA claim must be dismissed because his “threadbare and conclusory” allegations “fail[ ] to allege any facts to support the notion that MKS’s security was deficient.” (Mot. at 9.) But in similar employer data breach situations, courts have held that plaintiffs plausibly alleged the defendant failed to maintain reasonable securi ..read more
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Collection of Personal Information Without Consent Can Cause An Injury-In-Fact
Severson & Werson | Consumer Finance
by Genevieve Walser-Jolly
6M ago
Ruling on a motion for class certification, Judge Edward Chen of the Northern District of California, identifies the following relevant facts: Reuters also owns an online platform called CLEAR, which provides access to public and non-public information about American consumers, including Californians. FAC ¶¶ 1–2. Reuters collects surface and deep web data, including from social media, third-party data brokers, law enforcement agencies, live cell phone records, location data from license plate detections, real-time booking information from thousands of facilities, historical arrest records and ..read more
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Court of Appeal (Cal.) Finds that Privacy is Contextual, and a Violation of Penal Code 502 Requires Proof of Data Subject’s Expectation of Privacy
Severson & Werson | Consumer Finance
by Scott Hyman
7M ago
In  Garrabrants v. Erhart,  the Court of Appeal addressed privacy rules within the context of a whistleblower’s use of purportedly private information of another employee to blow the whistle.  The facts were as follows: Charles Matthew Erhartwasan internal auditor at BofI Federal Bank (BofI) who “blew the whistle” on his employer. Erhart copied, transmitted to multiple regulatory authorities, and subsequently retained various documents he believed evidenced possible wrongdoing, some of which contained the personal and confidential information of BofI’s Chief Executive Officer ..read more
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In MARILYN HERNANDEZ, individually & on behalf...
Severson & Werson | Consumer Finance
by Scott Hyman
7M ago
In MARILYN HERNANDEZ, individually & on behalf of all others similarly situated, Plaintiff, v. NOOM, INC., Defendant., No. 1:23-CV-00641-JRR, 2023 WL 8934019, at *1–2 (D. Md. Dec. 27, 2023), Judge Rubin found no Article III standing for a wiretapping claim based on a website’s capture and recording of users’ electronic interactions with the website. Plaintiff Marilyn Hernandez, individually and on behalf of all others similarly situated, brings this action against Defendant for allegedly wiretapping the electronic communications of visitors to its website, www.noom.com, in violation of Ma ..read more
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Court of Appeal (Cal.) Says Vehicle Lessee Cannot Challenge Lessor’s Imposition of Use Tax on Lease-End Turn-in Fee Because Lessee Must First Submit Claims for Refund to the State of California
Severson & Werson | Consumer Finance
by Scott Hyman
7M ago
In LISA STETTNER et al., Plaintiffs & Appellants, v. MERCEDES-BENZ FINANCIAL SERVICES USA, LLC et al., Defendants & Respondents. Additional Party Names: California Dep’t of Tax & Fee Admin., Michele Zousmer, No. C094345, 2023 WL 8818219, at *1–2 (Cal. Ct. App. Nov. 29, 2023), the Court of Appeal held that a consumer cannot challenge imposition of a use-tax at lease-end without first lodging such challenge with the State of California.  The facts were as follows: Appellants each signed the same form automobile lease agreement with Mercedes-Benz. Under the lease, Mercedes-Benz ..read more
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Court of Appeals (Arizona) Departs from Quartz Analysis: Finds Buyers of Vehicles from Dealers are Buyers in the Ordinary Course Because Holding that a Purchaser is Presumed to Know the Contents of a Title Certificate for the Vehicle the Purchaser is Buying from a Licensed Auto Dealer Would Be Onerous to the Consumer and Substantially Impede Commercial Transactions
Severson & Werson | Consumer Finance
by Scott Hyman
7M ago
In DIANA PIMENTEL GARCIA, v. DEALERS AUTO AUCTION OF THE SOUTHWEST, LLC,  No. 1 CA-CV 23-0171, 2023 WL 8827231, at *1 (Ariz. Ct. App. Dec. 21, 2023), the Arizona Court of Appeals seemingly would depart from the analysis applied by the California Court of Appeal in the Quartz decision. The material facts are not in dispute. Auto Auction had a business auctioning vehicles primarily from one automobile dealer to another. A dealer selling a vehicle at auction was required to provide Auto Auction with the title to that vehicle within thirty days of the auction. Once Auto Auction receive ..read more
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District Court (NY) Says FTC Holder Rule Applies to Seller-Related “Welcome-Check” Promotion
Severson & Werson | Consumer Finance
by Scott Hyman
7M ago
In RAFAL LOJEWSKI, SMITH GARCIA, DANIELLE GARCIA, MANUEL ACEVEDO, ISAMAR DELACRUZ, on behalf of themselves & all others similarly situated, Plaintiffs, v. GROUP SOLAR USA, LLC, SOLAR MOSAIC, INC., SALAL CREDIT UNION, DANIEL YOMTOBIAN CORP D/B/A SOLAR PROGRAM, Defendants., No. 22 CIV. 10816 (PAE), 2023 WL 8850586, at *1 (S.D.N.Y. Dec. 21, 2023), Plaintiff filed a class action in part based on a Facebook-based incentive plan pursuant to which purchaser of solar installation would receive from Group Solar a “Residential Clean Energy Program” financial worksheet detailing a one-time “Welcome C ..read more
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Court of Appeal (Cal.) (Unpublished) Discusses Litigation Privilege in Anti-SLAPP Suit in Rosenthal Act Decision
Severson & Werson | Consumer Finance
by Scott Hyman
7M ago
In Moten v. Transworld Sys., Inc., No. E078871, 2023 WL 8709724, at *7–9 (Cal. Ct. App. Dec. 18, 2023), the Court of Appeal in an unpublished decision addressed whether the trial court had interpreted the litigation privilege properly in an anti-SLAPP motion filed relative to a Rosenthal Act case. “Communications in judicial proceedings are privileged under section 47, subdivision (b)(2). ‘[T]he privilege applies to any communication (1) made in judicial or quasi-judicial proceedings; (2) by litigants or other participants authorized by law; (3) to achieve the objects of the litigation; and ..read more
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Court of Appeal (Ill.) Disagrees with 7th Circuit: Finds No Insurance Coverage for BIPA Case
Severson & Werson | Consumer Finance
by Scott Hyman
7M ago
IN THE NATIONAL FIRE INSURANCE COMPANY OF HARTFORD & CONTINENTAL INSURANCE COMPANY, Plaintiffs-Appellees, v. VISUAL PAK COMPANY, INC. & LUIS SANCHEZ, Individually & on Behalf of All Others Similarly Situated, Defendants-Appellants., 2023 IL App (1st) 221160, the Court of Appeal found no coverage for a TCPA claim brought against an insured. In this insurance coverage dispute, plaintiffs National Fire Insurance Company of Hartford and Continental Insurance Company filed suit for a declaration that they did not owe a duty to defend or indemnify defendant Visual Pak Company in an unde ..read more
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